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The National Health Service (Pharmaceutical Services) Regulations 2005

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Arrangements for provision of pharmaceutical services by doctors

This section has no associated Explanatory Memorandum

60.—(1) Where a patient—

(a)satisfies a Primary Care Trust that he would have serious difficulty in obtaining any necessary drugs or appliances from a pharmacy by reason of distance or inadequacy of means of communication;

(b)is resident in a controlled locality, at a distance of more than 1.6 kilometres from any pharmacy (other than a distance selling chemist), and one of the conditions specified in paragraph (3) is satisfied in his case;

(c)is resident in a controlled locality and any pharmacy within a distance of 1.6 kilometres from where the patient lives—

(i)has been determined to be in a reserved location, and that determination has not been altered on appeal or by way of a further determination, or

(ii)is a distance selling chemist,

and one of the conditions specified in paragraph (3) is satisfied in his case; or

(d)is one to whom sub-paragraph (a) or (b) applies and at the time of the request the patient is living as a member of the household, other than as a temporary resident, of another person in respect of whom a doctor has residual premises approval, and for this purpose “residual premises approval” has the same meaning as in regulation 66(9) and a person is a “temporary resident” if he intends to stay in the household for more than 24 hours but not longer than three months,

he may at any time request in writing a doctor who falls within paragraph (2) to provide him with pharmaceutical services.

(2) A doctor falls within this paragraph if he is—

(a)the GMS contractor, the PMS contractor or the APMS contractor;

(b)engaged or employed by the GMS contractor, the PMS contractor or the APMS contractor; or

(c)engaged by a Primary Care Trust for the purposes of providing primary medical services within a PCTMS practice,

on whose patient list the patient making the request is included.

(3) The conditions referred to in paragraph (1)(b) and (c) are—

(a)that—

(i)there is in effect an outline consent granted to—

(aa)that doctor;

(bb)another doctor who is a party to the GMS contract, the PMS agreement or the APMS contract concerned;

(cc)another doctor who is engaged or employed by the GMS contractor or the PMS contractor or the APMS contractor concerned; or

(dd)another doctor who is providing primary medical services within the same PCTMS practice,

(ii)there is in effect premises approval in relation to the premises from which the doctor will dispense to that patient, and

(iii)any conditions imposed under regulation 20, 29(18)(b), 32(10)(b) or 38(14)(b) in connection with that grant are such as to permit arrangements to be made under this regulation for the provision of pharmaceutical services by that doctor to the patient; or

(b)that—

(i)immediately before these Regulations came into force, arrangements or requirements were in effect under the 1992 Regulations for—

(aa)that doctor;

(bb)another doctor who is a party to the GMS contract or the PMS agreement concerned;

(cc)another doctor who is engaged or employed by the GMS contractor or PMS contractor concerned; or

(dd)any previous doctor who was a party to the GMS contract or the PMS agreement concerned, or who was engaged or employed by the GMS contractor or PMS contractor concerned,

to provide drugs or appliances to patients,

(ii)the patient—

(aa)has not previously been included in a patient list;

(bb)has changed his address from that last notified to the Primary Care Trust; or

(cc)has not changed his address but, immediately before his acceptance as a patient by that doctor, was being provided with pharmaceutical services by a doctor pursuant to an arrangement or requirement under the1992 Regulations, and

(iii)there is in effect premises approval in relation to the premises from which the doctor will dispense to that patient.

(4) If a doctor so requested by a patient under paragraph (1)—

(a)applies to provide pharmaceutical services to the patient, and sends with his application the patient’s request in writing, the Primary Care Trust shall make arrangements with him for the provision at listed premises of such services by him; or

(b)does not so apply within 30 days, the Primary Care Trust may, subject to paragraph (6), require him to undertake such provision at listed premises and shall give him notice in writing to that effect.

(5) Subject to regulation 66, an arrangement made by a Primary Care Trust under paragraph (4)(a) shall—

(a)have effect from the date of the patient’s request in writing; and

(b)enable—

(i)that doctor,

(ii)any other doctor who is party to the same GMS contract, PMS agreement or APMS contract as that doctor,

(iii)any other doctor who is employed or engaged by the same GMS, PMS or APMS contractor, or

(iv)any doctor who provides primary medical services within the same PCTMS practice,

to provide pharmaceutical services at listed premises for the patient so long as the arrangement remains in effect.

(6) A Primary Care Trust shall not under paragraph (4)(b) require a doctor to provide pharmaceutical services at listed premises to a person on the relevant patient list for that doctor if that doctor satisfies the Primary Care Trust, or on appeal, the Secretary of State that—

(a)he does not normally provide pharmaceutical services under this regulation; or

(b)in the case of a person to whom paragraph (1)(b), (c) or (d) applies, the person would not have serious difficulty, by reason of distance or inadequacy of means of communication, in obtaining drugs and appliances from a pharmacy.

(7) A Primary Care Trust shall give a doctor reasonable notice—

(a)that it requires him to provide pharmaceutical services to any person; or

(b)subject to paragraph (8), that where a person no longer satisfies the provisions of paragraph (1), the doctor shall discontinue the provision of pharmaceutical services to that person.

(8) A notice under paragraph (7)(b)—

(a)shall be subject to any postponement or termination of arrangements for the provision of pharmaceutical services to that person by that doctor made under regulation 20(2), 29(18)(b), 32(10)(b) or 38(14)(b); and

(b)shall not be given—

(i)pending any appeal against a decision by a Primary Care Trust to postpone the making or termination of such arrangements, or

(ii)where regulation 31(9) so requires.

(9) Notwithstanding paragraph (4), where a drug or appliance is one for which a doctor is entitled to an additional payment if he provides it, he may, with the consent of the patient, instead of providing it himself, order it by issuing a prescription to the patient in accordance with paragraph 39 of Schedule 6 to the GMS Regulations (or paragraph 38 of Schedule 5 to the PMS Regulations or equivalent provision applying in relation to an APMS contractor or PCTMS practice).

(10) Where under any provision of regulations revoked by, and not re-enacted in, the 1992 Regulations, an arrangement or requirement for a doctor to provide drugs or appliances to a patient was in effect immediately before the 1992 Regulations came into force, that arrangement or requirement shall have effect as though made under this regulation notwithstanding that neither of the conditions specified in paragraph (3) is satisfied.

(11) A doctor who provides pharmaceutical services to some or all of the patients on the relevant patient list in accordance with this regulation may provide any necessary pharmaceutical services to a person whom the relevant GMS, PMS or APMS contractor or the PCTMS practice has accepted as a temporary resident under paragraph 16 of Schedule 6 to the GMS Regulations or under paragraph 15 of Schedule 5 to the PMS Regulations or any equivalent provision applying to APMS contracts and PCTMS practices.

(12) An appeal under paragraph (6) shall be made in writing within the period of 30 days beginning with the date on which notice of the decision was sent to the doctor and shall contain a concise statement of the grounds of appeal.

(13) The Secretary of State shall, on receipt of any notice of appeal under this regulation, send a copy of that notice to the Primary Care Trust and the relevant GMS contractor, PMS contractor or APMS contractor, and the Primary Care Trust and relevant GMS contractor, PMS contractor or APMS contractor may, within 30 days from the date on which the Secretary of State sent a copy of the notice of appeal, make representations in writing to him.

(14) The Secretary of State may determine an appeal pursuant to paragraph (6) in such manner as he thinks fit.

(15) The Secretary of State shall, upon determination by him of an appeal under this regulation, give notice of his decision in writing, together with the reasons for it, to the appellant, to the Primary Care Trust and to the relevant GMS contractor, PMS contractor or APMS contractor.

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